Tenth Amendment Center

In a bill passed by the Legislature earlier this month, the state is asserting that guns manufactured in Montana and sold in Montana to people who intend to keep their weapons in Montana are exempt from federal gun registration, background check and dealer-licensing rules because no state lines are crossed.

As with any compact, one party does not have a monopoly over its interpretation, nor can one party change it without the consent of the other. Additionally, no one has a moral obligation to obey unconstitutional laws. That’s not to say there is not a compelling case for obedience of unconstitutional laws. That compelling case is the brute force of the federal government to coerce obedience, possibly going as far as using its military might to lay waste to a disobedient state and its peoples.

“The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite.” – James Madison

As a country governed by a written Constitution, the right to keep government in check is vested in “we the people.” That means that we, the people of this country, cannot be forced to accept an oppressive and intrusive federal government. Under Senate Resolution 632, the Georgia Senate expressed bipartisan support for the principles of Jeffersonian democracy.

One amendment has been totally ignored by our political leaders. The forgotten amendment is the tenth amendment which enumerates the rights of states and the people.

“The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” It works with the Tenth to reinforce limits on the federal government.

The Atlanta Journal-Constitution is at it again. Recently, an editorial by Jay Bookman, Georgia Senate endorses radical idea, was published in response to the state senate passing SR 632. Bookman’s commentary is full of slander, not only of the resolution, but of our senate itself. In short, he equates this resolution to nearly firing on Fort Sumter!

Nothing could be further from the truth.

Oklahoma Governor Brad Henry has vetoed House Joint Resolution 1003. In a statement released today, Henry said that “there is no need to spend valuable legislative time on a resolution expressing support for any particular amendment or constitutional right”

While calls to reduce federal power are good, Barnett’s method has a greater chance of destroying federalism further than doing anything to achieve it